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TC Minutes 09-28-1982MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD SEPTEMBER 28, 1982 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish present. Also present were the Town Attorney John Dunn, Town Manager Dick Blodgett, Town Planner Dick Kvach, Finance Director Bill James, as well as,,members of the press and public. First on the agenda was the reading and approval of the minutes of the September 14, 1982 Council meeting minutes. Greg Gage moved approval of the September 14th, 1982 minutes with these corr3ction, page 1, reword the sentence to read, "informal gathering of witnesses of the former Council scheduled by the District Attorney", page 2, change the sentence to read, "that some people think the Municipal Court is a revenue producing agency". With those corrections, John Blish seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. The Financial Matters were next presented to the Council. The Cash Account Balance Sheet was presented for discussion. A.J. Wells moved approval of the Cash Account Balances. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of items 2 through 6 which relate to income. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of the bill received from Surveying Technology, Inc. in the amount of $108.00. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of the payment to B & B Excavating, Inc., based on 10% retainage, the total amount being $57,760.13. The motion was seconded by Greg Gage. Those Council- members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Denton, Harper, Marshall bill, the amount being $229.30. The motion was seconded by John Blish. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Accounts Payable for Nottingham Park Fund, Capitol Project Fund and the Mall Fund. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Larry:;Kumpost moved approval of the Reconciliation Sheet of Accounts Payable of September 28, 1982. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. s • A.J. Wells moved approval of the General Fund Accounts Payable. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Next on the agenda was Resolution No. 82-15, Series of 1982, A RESOLUTION APPROPRIATING FUNDS TO THE DEBT SERVICE FUND AND AMENDING THE PUBLIC WORKS FUND. After discussion, Larry Kumpost moved approval of Resolution No. 82-15 with the correction of "inquires" to "requires". With that correction John Blish seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Resolution No. 82-16 was deferred to S-A-Public Hearing of the agenda. Gary Martinez and Jerry Dahl approached the Council. They were representing the Northwest Colorado Council of Governments. Mr. Martinez and Mr. Dahl were requesting financial support from the Town of Avon for the NWCCOG 1983 Quanity/Quality Trust Fund(QQTF). This fund was established in 1979 to support research, litigation and technical assistance activitie: related to transmountain water diversion planned with the region. Mr. Martinez discussed some of the activities of the NWCCOG in the Eagle County/Avon area. Some of these activities are the CETA Program, Emergency Medical Service Program, Tele- communication Program, Transportation Project and an agency regarding aging and nutrition sites in the six county region. Mr. Dahl discussed the Water Quantity/Quality Trust Fund Program. After discussion the Mayor stated that the Council would take the request for support under serious consideration if the revenues allow. Mr. Dahl then discussed the Articles of Associaton. A.J. Wells moved approval to authorize the Mayor to ratify the Articles of Association. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. The Public Hearing of Resolution No. 82-16, A RESOLUTION APPROPRIATING FUNDS TO THE REVENUE SHARING FUND AND THE GENERAL FUND was presented to the Council. There was no public comment to this resolution. Finance Director Bill James stated that this was the second hearing for the Revenue Sharing Funds for 1982. The first hearing was held on September 13, 1982 at 7:00 P.M. and at that time requested input from citizens of the community on the 1982-1983 revenue sharing funds. Mr. James stated at this Council meeting he was proposing a final hearing on the 1982 revenue sharing of which the proposed uses would be parks and recreation. After discussion Sheila Davis moved approval of Resolution No. 82-16 with these corrections. In Section 1, change the figures to revenues-Federal Revenue Sharing Fund from "$13,810" to "$15,810" and expenditures-transfer to General Fund from "13,810" to $15,810". With those corrections Greg Gage seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and John Blish. There were no nay votes. The motion was unanimously carried. Next on the agenda was the Resubdivision of Lots #67-68, Block 1 and Tract C, Benchmark at Beaver Creek Subdivision. This was for preliminary review. Let it be noted that A.J. Wells stepped down and Mayor Nottingham stepped down because of conflict of interest. Mayor Pro-Tem John Blish then chaired the meeting. Mike Blair approached the Council. He was requesting preliminary approval of the Resubdivision of Lots 67-68, Block 1, and Tract C, Block 1 of the Benchmark Subdivision, the dedication of the Swift Gulch right-of-way and the vacation of Nottingham Circle road right-of-way. He stated that they have submitted a Subdivision Plat for the road right-of-way. -2- 0 0 Mr. Blair stated that it was just about a year ago that the owners were asked to consider access into the Swift Gulch area which was an addition to the town. He stated that the owners of Lot X667-68 have been waiting for the plat to be resolved and approved so they could develop on the lot or sell the lot, but stated they can't do either until they know the size and shape of the lot. He stated because of the time period, they were requesting also in their application approval of both the preliminary and final approval by the Council. The staff report, Resolution No.#82-18 and conditions were discussed. Eric Fetsch, owner of Lot 467 requested that the Council consider getting the problems reconciled and the preliminary and final replat approved, because the approval of the replat was holding him up. George Rosenberg representing applicants of Benchmark at Beaver Creek and S & H Partnership approached the Council. Mr. Rosenberg stated that he had some problem with the Resolution that was drafted by the staff. He suggested that conditions 4, 7 and 8 be deleted and item #10 be changed from "Subdivision Agreement" to "Construction Agreement" The Town Planner Dick Kvach discussed the traffic flow of the Buck Creek, Swift Gulch area. After lengthy discussion Al Connell moved approval of Resolution No. #82-18, a preliminary plat approval, as stated deleting items 4, 7 and 8 and changing item X610 to read "Construction Agreement". The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, There were no nay votes. A.J. Wells and Allan Nottingham abstained. The motion carried. Greg Gage moved approval of the final plat of Resubdivision of Lots #67-68, Block #1 and Tract C, Benchmark at Beaver Creek Subdivision subject to the approval and resubmittal of final plat with the changes made that would be approved by the Town Engineer, Town Planner and the Town Attorney. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, There were no nay votes. A.J. Wells and Mayor Allan Nottingham abstained. The motion carried. Larry Kumpost requested that Dick Kvach contact the County and express the town's concern of development beyond the town's boundaries and future effect and ask for the town to be included in any of the future developments. Public Hearing of Greenbrier, Lot #14, Block #2 Benchmark at Beaver Creek Subdivision, building B & C. Bob Warner representing Greenbrier, LTD approached the Council. He was requesting preliminary plat approval for buildings B & C. There were no comments from the public. After discussion Greg Gage moved approval of Resolution No. #82-17 regarding Greenbrier, Lot #34, Block #2 Benchmark Subdivision, buildings B & C. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. At that point the Council recessed at 10:05 P.M. and reconvened at 10:25 P.M. Second reading of Ordinance No. #82-19, Series of 1982, AN ORDINANCE ESTABLISHING DOCKET FEES AND RECORD FEES FOR THE MUNICIPAL COURT OF THE TOWN OF AVON, AND SETTING FORTH THE PROCEDURE FOR THE COLLECTION THEREOF. Judge Buck Allen approached the Council to discuss this Ordinance. Judge Allen stated he thought the fees of the court cost were too high and suggested maybe to raise it to only $8.00 instead of the $15.00. With regards to the Trial to the Court he suggested the cost be $25.00 instead of $50.00. Judge Allen stated he had concern raising the fees that high and stated he thought that the constitutional rights would be violated. After lengthy discussion Judge Allen requested that this Ordinance be continued until he could research further. The Town Attorney recommended that in view of the fact that Judge Allen would be attending the Municipal Judges Conference and would be looking into what other municipalities are doing, Mr. Dunn suggested looking into the issue of both the Jury Fee and the Docket Fee and in consideration of the Ordinance be postponed indefinitely until such -3- 0 0 time as to when Judge Allen could report back to the Council. John Blish moved to continue Ordinance No. #82-19 to January 25th, 1983 for further discussion. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. Ordinance No. #82-18, Series of 1982 was presented to the Council for Public Hearing. There were no comments from the public. Second reading of Ordinance No. #82-18, Series of 1982, AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE FOR THE TOWN OF AVON TO PROVIDE FOR THE CREATION OF THE POSITION OF PLANNING DIRECTOR AND SETTING FOR THE AUTHORITY THEREOF. John Blish moved approval of Ordinance No. X682-18, Series of 1982 on second reading as presented to the Council. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. First reading of Ordinance No. #82-20, Series of 1982, ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN DESCRIBED LAND IN THE SPECIALLY PLANNED AREA ZONE DISTRICT. BUCK CREEK. The Town Attorney stated that this Ordinance was prepared by George Rosenberg representing Benchmark at Beaver Creek, Wildridge Developemnt Company, Buck Creek SA and S & G Partnership. He stated that this Ordinance arose out of the disposition of a law suit which was filed against the Town and against these various Benchmark entities as were described above. He stated that the Buck Creek Plat was approved conditionally in April of 1980, the conditions were met and then in March of 1982 the final plat of Buck Creek was signed and recorded. It was then discovered after the law suit was filed that the handling of that was in error, that the intent of the Resubdivision was not only to resubdivide, but also to change the zoning so as to create a Specially Planned Area. Mueller and Pzelink filed suite claiming that the action of the town violated their rights, because they owned adjacent property. The matter was handled by George Rosenberg on behalf of Benchmark as well as on behalf of the Town and a stipulation was reached in the District Court which was filed September 13, 1982 in which the parties in that case said that the plat was valid as a Subdivision Plat, but not valid as an amendment to the zoning map and the purpose of this Ordinance is to come back to the Council and to seek amendment of the zoning map to conform with the intent of the Council at the time the Resubdivision was approved. The Town did agree to propose the amendment as the town may do under the zoning code. The effect of the proposed Ordinance would be to rezone the Buck Creek Area from a variety of land uses, RHDC, RSF, OLD to SPA. This would go to the Design Review Board and then back to the Council. Mr. Dunn recommended that the Ordinance proposed be adopted on first reading with second reading set for the second meeting in November. After discussion Larry Kumpost moved approval of Ordinance No. 482-20, Series of 1982, to be published on the 28th day of September, 1982 and the hearing set for the 23rd day of November, 1982 at 7:30 P.M. in the Municipal Council Chambers, Avon, Colorado. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, and John Blish. There were no nay votes. A.J. Wells abstained. The motion carried. Final Plat approval for the Duplex of Lot 427, Block #2 Wildridge Subdivision was next presented to the Council. Dick Kvach stated that the Plat had been reviewed by staff and was in order with the exception of three conditions (see staff report and conditions prepared 9-28-82). Mr. Kvach stated he would recommend approval subject to the three conditions and a final report from the Town Attorney. Al Connell moved approval of Lot X627, Block #2 Wildridge Subdivision subject to the conditions of the Town Planner. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. -4- 0 0 Henry Wolff of the Wolff Warehouses approached the Council. He was appealing the decision of the Design Review Board of a sign. The DRB denied the request because the sign exceeded the maximum square footage by 21.5 square feet. The Council agreed that the proposed sign appeared to be excessive. The Town Manager suggested that Mr. Wolff return to DRB, submit a plan for signage of the entire building and allocate some space to the other tenants that would be moving in and that the town refund the fee of $211.00. After discussion Al Connell moved to have Mr. Wolff's fee refunded and to deny the 84 foot sign as presented and to refer the applicant back to the DRB, where he should submit a master sign plan for the property. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Mayor reported that the week of September 26th to October 2nd, 1982 was proclaimed Drug Free Youth Week. The Town Manager reported on leasing for the town's garage. He stated that after negotiating, the staff and he agreed to recommend a lease from Doyle & Associates. The town would have two months rent free with a 2 year lease and the one year option to renew. After discussion Al Connell moved that the Council accept the staff's recommendation and lease the Doyle & Associates Warehouse space. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell, and John Blish. There were no nay votes. A.J. Wells abstained. The Mayor did not have any discussion in this issue or did he vote. The motion carried. The financing of the Oshkosh was discussed a further report will be made at the next meeting. The delivery date for the Oshkosh is still the first of January. Dick Kvach approached the Council. He discussed his Planning Work Program. There were 7 projects that he would like to undertake for the up coming year. The Council suggested that the Airport Zoning Regulations be deleted from the projects. This was discussed at length. Mr. Kvach discussed formulating a Planning & Zoning Committee. The Design Review Board proceedings were discussed. Councilman Kumpost stated that Design quidelines have to be drafted for uniformity of standards and recommended that this be one of the projects for the Planning Work Program. The Town Manager reported on the meeting of the Mall Committee. He stated that Phase II of the mall should be started next year. He reported on the temporary bike path and the split rail fence. He stated that there were proposals received. Mr. Blodgett stated that the split rail fence could be permanent and could construct the fence with bond proceeds and that the bike path, being that is would be temporary, would have to be charged as a Maintenance Special Assessment and that all mall parties agreed that they should proceed under that basis. The total cost of the bike path, a six foot wide asphalt path, would be $7,560.00 and the rail fence would be $5,740.00 and would be constructed with town forces. The Mall Committee recommended that once there was between 80% or 90% of funds collected, the Mall construction of .Phase IT could start. After discussion Sheila Davis moved to accept the Mall Committee's recommendations. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. Greg Gage abstained. The motion carried. Tyr. Blodgett reported on the Benchmark Road Improvements. The present cost for the road is $28,840.00. That figure is under the original cost. The only work needed now was the work on the shoulders. Mr. Wood thought the resurfacing might last for four years instead of two years. -5- • i The tennis courts were discussed. The Town Manager stated it would be just a matter of a couple of days before the courts are completed. They have designated the grand opening of the courts to be on October 9th, 1982 at 11:00 A.M. At that point A.J. Wells moved to recess into executive session. The motion was seconded by Greg Gage. The Council convened into executive session at 1:05 A.M. Respectfully Submitted: Patricia J. Doyle, Tq* Clerk - - 6-